About the Firm
If you’ve made it this far, then something in the elevator pitch on the front page must have resonated:
“McNish PLLC provides full-stack solutions for parties in Patent Trial and Appeal Board proceedings, representing petitioners and patent owners from petition through appeal. Led by Kevin McNish, one of the most experienced PTAB practitioners in the United States, the firm combines cutting-edge cloud-based systems with innovative fee arrangements to deliver unparalleled quality and exceptional value.”
So, let’s break that elevator pitch down in detail.
In software development, a “full-stack solution” is one that covers an entire software system from end-to-end. That’s exactly what McNish PLLC provides for Patent Trial and Appeal Board disputes. It’s a one-stop shop that can handle an entire dispute, from drafting your petition or preliminary response to arguing your Federal Circuit appeal. If your dispute also involves district court litigation, McNish PLLC will work hand-in-glove with your litigation team to keep your PTAB, appellate, and district court strategies aligned.
In short, McNish PLLC can take your matter and run with it—all the way.
Kevin McNish has had the privilege of representing petitioners and patent owners in more than 90 Patent Trial and Appeal Board proceedings, where he regularly served as the first-chair attorney. That makes him one of the most active PTAB practitioners in the country.
His experience doesn’t end there, either. Having litigated patent infringement matters in district courts in California, Delaware, Illinois, Indiana, Massachusetts, Michigan, New York, Pennsylvania, and Texas, he has deep insight into the interaction between PTAB proceedings and district court litigation. He has also represented both third-party requesters and patent owners in ex parte reexaminations. And he can put all of that experience to use for you by either representing you directly, or serving as your virtual in-house counsel.
* Includes experience obtained at previous law firms.
McNish PLLC runs a paperless practice in the cloud, using industry-leading technology to keep your information secure and your representation efficient. By operating the cloud, the firm also avoids the expenses associated with on-premises servers and dedicated physical office space—and passes those savings on to its clients.
Of course, if you’d like to meet in person, McNish PLLC would be happy to accommodate. It maintains a virtual office that provides on-demand meeting space in downtown Portland, Maine. When conditions permit, in-person meetings are available by appointment, or Kevin McNish can travel to you.
McNish PLLC is proud to boast one of the most effective Patent Trial and Appeal Board practices in the country. Kevin McNish built that record by committing to three simple principles: preparation, commitment, and candor. Preparation means knowing the facts, knowing the law, and knowing how to present both of them. Commitment means delivering the best possible work product every single time, whether that’s an oral argument at the Federal Circuit or a phone call to answer a client’s question. And candor means that instead of hiding from or trying to hide bad facts or bad law—and every case has them—Kevin either addresses them head on or seeks a different path forward.
But effectiveness isn’t the only way the firm measures the quality of its work. Client service is just as important. When you retain McNish PLLC, you’re not just getting an attorney: you’re getting a trusted counselor and partner that understands both your legal objectives and your business needs. And because McNish PLLC doesn’t bill by the hour—see the next section—clients can call or email with questions without getting a surprise bill for the answers.
McNish PLLC is small, scrappy, and proud of it. Our business model allows us to deliver sophisticated legal services at highly competitive prices. And we accomplish that by cutting overhead, not corners.
Indeed, McNish PLLC carries much less overhead than the big law firms that typically handle patent disputes. Instead of operating out of an expensive location with even more expensive real estate—like New York, Silicon Valley, or Washington, D.C.—McNish PLLC runs in the cloud from Maine, where the cost of living and doing business is much, much lower. Combine that geographic advantage with the industry-leading practice management and document automation software we use, and it's easy to see how we can deliver top-notch representation without the big firm price tag.
McNish PLLC also doesn’t bill by the hour. Instead, it works with each client to craft an alternative fee arrangement that aligns the firm's and the client's interests.* A fee arrangement can include monthly flat fees, project-based fees, success fees, or a combination. In some circumstances, the firm may be willing to reduce its fees up front in exchange for a percentage share of any money recovered (or liability avoided) in related patent infringement litigation. For clients that bet on us, we're not afraid to bet on ourselves.
* If you really, really want an hourly arrangement for your matter, let's talk. Your matter may be the rare matter of uncertain or open-ended scope (e.g., on-going consulting or strategic matters) for which an hourly arrangement might make sense. Expect to hear about the virtues of alternative fee arrangements anyway.
Find out more about what McNish PLLC can do for you by reaching out via the contact form below.